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Case • 1993
, for inclusion in the official record, 28 U.S.C. § 753(b), common-law judges exercise discretion and judgment in deciding exactly what and how much they will write. Early judicial notetakers, for instance, left ...
Case • 2005
of this Bankruptcy Code provision and federalism doctrine as expounded by the Supreme Court in Kelly v. Robinson, 479 U.S. 36 (1986). Having determined that the Supreme Court meant what it said in Kelly when it held ...
Case • 1976
may be inhibited from ordering or subscribing for the material. Cf. Lamont v. Postmaster General, 381 U.S. 301, 307, 14 L. Ed. 2d 398, 85 S. Ct. 1493 (1965). [17] 2. [18] What we have said ...
Case • 2000
the PLRA, applied the exhaustion requirement to all actions brought by prisoners with respect to prison conditions . . . regardless of what relief is sought"), and Nyhuis, 204 F.3d 65, 66-67 ("we hold ...
Case • 2004
, asked Johnson what he was doing with them, and after hearing his reply, told the inmates that he was terminating barber shop services for the day because of Johnson's use of the clippers. When inmate Elio ...
Case • 2005
with the Department's argument, but did not alter its award. As to bad faith, the court's letter ruling stated: I've not been able to evaluate what was redacted from various records in relation to good faith or bad ...
Case • 2007
that plaintiffs "need do no more than narrate a grievance simply and directly, so that the defendant knows what he has been accused of"). [23] That leaves the possibility that Edwards pleaded himself out ...
Case • 2008
in Atlanta Journal & Constitution does not reveal what evidence the court relied on to reach its conclusion. 2 The Court does not find persuasive other district court decisions cited by plaintiffs that failed ...
Case • 2009
-filed her action 23 days after it was dismissed by Judge Wolf on April 23, 2007, for insufficient service of process. The only issue -- which is what the court-imposed "actual notice" requirement [**4 ...
Case • 2001
," and thus subject to the exhaustion requirement. See id. The Supreme Court in its forthcoming review of the Second Circuit's Nussle decision may resolve the debate among the circuits on what has been a hotly ...
Case • 2000
] With this standard in mind, we turn to the facts of this case. To determine whether Joffer could have reasonably believed his actions did not violate Bouska's Eighth Amendment rights, we must first determine what ...
Case • 1984
of Jenkins. Harris County argued that any testimony by the witness as to what the two other men said would be inadmissible hearsay. The trial judge admitted the testimony over Harris County's objection. [32 ...
Case • 2002
of frivolous litigation. The precise language of what has come to be called the three-strikes rule is this: [11] In no event shall a prisoner bring a civil action or appeal a judgment in a civil action ...
Case • 1989
respects about what happened next, it appears that Blankenship returned to the parking lot to seek help and found Biermann, who had been joined by one or two additional officers, searching his car. Using ...
Case • 2001
what constitutes a strip search for Fourth Amendment purposes, "because states define strip search in a uniform fashion, . . . state law [is] persuasive on our interpretation of what constitutes a strip ...
Case • 2006
to this unfairness for which I and my relatives as well as my homies has suffered. What happened to the judge in Atlanta was fair and just. He received reward for handing down unjust sentences with his racial ass. So ...
Case • 2007
." In re Sindram, 498 U.S. at 180 (emphasis added). Thus, our authority to deny IFP status to a prisoner who has abused the privilege is clear. What is not so clear, however, is when that discretion should ...
Case • 2008
not sufficiently clear as to what escape or security threats Engel's marriage would present to the [P]rison." (Id.) The State Court granted the motion to remand and directed the NJDOC to reconsider the Marriage ...
Case • 2005
of first degree murder in 1983. He unsuccessfully sought habeas relief in the California courts in 1990 and 1991. In 1995, he filed a new habeas petition in Los Angeles Superior Court. Based on what he ...
Case • 2005
of business." Id. at 108. [32] Defendants contend that the district court properly did not rely on what were merely the "bald assertion[s]" of government counsel. Aplee. Br. at 15. In support ...
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